Can a mother change her mind?


A notice to end maternity or adoption leave is binding except in very limited circumstances. The scope for a mother or primary adopter to change her mind is surprisingly narrow. It is only possible to undo a decision if the mother has not yet gone back to work, the date she gave for ending the leave has not already passed and either:


• the parties discover during the eight weeks after giving the notice that neither of them qualify for SPL or pay; 



• the partner dies; or



• (for biological mothers only), the notice was given before birth and the mother changes her mind within six weeks of birth. 



Note that these limited circumstances do not include a partner’s redundancy or illness, family break-up, or other unforeseen changes to family finances.